Conditions for redevelopment

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

January 13, 2023 06:38 pm | Updated 06:38 pm IST

Our apartment building is 38 years old. To identify its current stability, we did a check by IIT-Madras and received a report that said the apartment needed to be demolished and that it was unfit for living conditions. We are now planning to redevelop the entire building complex that consists of 84 individual flats. Of 84 owners, 80 have consented to redevelopment. Is concurrence of the remaining four owners required? According to Tamil Nadu Apartments Ownership Act 2022, is 2/3rd majority enough for redevelopment? Can we separately allocate the UDS of the four unwilling owners and construct the remaining 80 flats? How do we proceed further if 100% concurrence is required from all the flat owners?

H. Venkat, Chennai

The TN Apartments Ownership Act, 2022, permits redevelopment of buildings more than 30 years old and structurally weak, based on consent of two-thirds of apartment owners. However, the said enactment is yet to come into force. If contested, the validity of this provision shall be decided by courts. At present, 100% concurrence of all the owners is required for redevelopment. If the building is declared unsafe and the concurrence of all the owners cannot be obtained, you may approach a court for suitable directions.

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